R. v. Hartz (D.F.), (2002) 312 A.R. 399 (CA)

• Judge: Lewis,McIntyre,Paperny
• Neutral Citation: 2002 ABCA 108
• Citation: (2002), 312 A.R. 399 (CA),2002 ABCA 108,312 AR 399,(2002), 312 AR 399 (CA),312 A.R. 399
• Date: 22 April 2002
• Court: Court of Appeal (Alberta)

R. v. Hartz (D.F.) (2002), 312 A.R. 399 (CA);

    281 W.A.C. 399

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. MY.025

Her Majesty the Queen (respondent) v. Debra Frances Hartz (appellant)

(01-00380; 2002 ABCA 108)

Indexed As: R. v. Hartz (D.F.)

Alberta Court of Appeal

Paperny, J.A., Lewis and McIntyre, JJ.(ad hoc)

April 22, 2002.

Summary:

The accused stole $123,860 from her employer. She was sentenced to 18 months' incarceration for fraud over $5,000. She appealed.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused stole $123,860 from her employer - The fraud was uncovered when a new senior accountant performed an audit - The accused, aged 43, was sentenced to 18 months' incarceration - No previous record - Had health problems - The accused appealed, submitting that the sentencing judge erred in failing to impose a conditional sentence due to the high degree of responsibility that he attributed to her and in finding that she was a danger to the public - She submitted that the sentencing judge underemphasized her commitment to treatment, overemphasized her late apology and should have addressed whether his concerns about reoffending could be addressed by imposing appropriate conditions - The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Watkinson (C.P.) (2001), 277 A.R. 313; 242 W.A.C. 313; 153 C.C.C.(3d) 561 (C.A.), refd to. [para. 5].

Counsel:

J.A. McClellan, for the respondent;

M.M. Kellaghan, for the appellant.

This appeal was heard on April 22, 2002, by Paperny, J.A., Lewis and McIntyre, JJ.(ad hoc), of the Alberta Court of Appeal. Paperny, J.A., delivered the following oral decision for the court on April 22, 2002, which was filed on May 9, 2002.